Cooley to Pull Up Stakes, Lay Down Law at Hudson Yards

A June 2017 view of construction at 55 Hudson Yards. The building is set to open next year. Photo (c) Geoff Butler.

BY TAYLOR TIAMOYO HARRIS | A Silicon Valley-based law firm is the latest tenant to choose Hudson Yards.

Cooley LLP announced in a July 31 press release that their new location at 55 Hudson Yards (btw. W. 33rd & 34th Sts.) will take up 130,000 square feet, and will spread across five floors.

“We’re excited to serve our clients out of this cutting-edge space,” said Jonathan Bach, partner in charge of the firm’s New York office, in a statement on the law firm’s website. “This move is in line with our commitment to East Coast growth and speaks to the vibrancy of New York across the corporate, finance and tech sectors and more.”

The litigation powerhouse employs nearly 2,000 internationally, and has clients that include Twitter, Facebook, and Google. It will move to Hudson Yards from current location, across the street from Bryant Park.

Cooley LLP will move from their Midtown headquarters to occupy five floors of 55 Hudson Yards. Image courtesy Related-Oxford-Mitsui.

The 55 Hudson Yards building is adjacent to the No. 7 subway line, and occupies a total of 1.3 million square feet, hovering 780 feet into the sky.

It is scheduled to open in 2018.

The glass-framed building is about a five-minute walk south to the bank of the Hudson River, and less than a 10-minute walk north to Penn Station.

“We are thrilled to welcome Cooley to the neighborhood,” said Jay Cross, President of Related Hudson Yards, the company behind the Hudson real estate project, which began construction in 2012. “Both Cooley and its clients are well-regarded as forward-thinking and innovative, and their new park-front New York City headquarters, in this amenity-rich neighborhood, is an ideal fit for their customers and their culture, employees and future talent.”

New York Real Estate News reported on talks of the agreement between Cooley and Related in February, and disclosed asking rents for the building ranging from $105 to $140 per square foot.

Notably, Cooley was the law firm behind social media giant Snapchat’s initial public offering (IPO) earlier this year.

In 2015, the firm also opened their first European location in London.

However, it’s their move less than two miles away to the emerging Hudson Yards neighborhood that the company sees playing a major role in their expansion agenda, according to Joe Conroy, Cooley’s chief executive officer.

“Becoming part of this visionary new development further reinforces our commitment to investment and growth in New York,” Conroy said in the press release. “We will be working alongside many of our clients and look forward to joining them in a stunning new environment that will be among the world’s most sophisticated law firm office spaces.”

Law firms Boies Schiller & Flexner LLP and Milbank, Tweed, Hadley & McCloy LLP will also relocate from elsewhere in NYC to occupy the building as tenants.

Point72 Asset Management, a family office managing the assets of Steven A. Cohen, and MarketAxess, operator of a leading electronic trading platform for fixed-income securities, are also signed on as tenants.

The total space for the $25 billion mixed office and residential neighborhood is 18 million square feet, according to hudsonyardsnewyork.com. It will also feature more than 100 shops and restaurants, a new 750-seat public school, and a 200-room hotel. Once complete, Hudson Yards is projected to contribute 19 billion annually to New York’s GDP, according to a report from Related Companies and Oxford Properties Group.

Go to Source

Pioneering Merced alumna embraces career in immigration law



UC Merced alumna Linda Barreto always wanted to become a lawyer, but an experience in college helped reinforce her career path.

While driving, Barreto was pulled over and cited for failing to stop before making a left turn. She decided to fight the citation in court because there was no requirement or need to stop.

It was her first case — and her first win. “I felt a rush, a passion for fighting for my rights,” she said.

Today, the 2008 graduate takes up legal battles for others as an immigration attorney with Lazaro Salazar Law Inc. in Fresno. Barreto also handles pro bono cases for her former employer, Kids in Need of Defense, a national nonprofit that represents unaccompanied immigrant and refugee children in deportation proceedings. Many of these children are fleeing violence or abuse in countries like Honduras, El Salvador and Guatemala.

Thousands of these young refugees come over the border each year. KIND advocates for the child’s interests and can look for legal pathways allowing a child to remain in the United States. Barreto, born and raised in Fresno, understands that story partly because her mother is a first-generation immigrant.

Dedicated to the Central Valley

She is similarly dedicated to the Central Valley — one reason she applied to become part of UC Merced’s inaugural class in 2005. Barreto, then enrolled under her maiden name of Torralva, said she wanted to attend college and work in the Central Valley to combat the “brain drain” that afflicts the region.

“I also wanted to be a part of something new, and I was excited to have a UC in the Valley,” she said.

At UC Merced, Barreto worked toward her academic degree while helping develop the fledgling campus as a member of the chancellor’s committee. She gained a feeling of confidence from her college experience and from working with the university’s highest-level administrators.

“It made me feel empowered — if I could do that, I could walk into law firms and ask for a position,” Barreto said.

She also greatly appreciated the pioneering spirit of the campus. “It’s OK to be the first one,” she said. “That gave me more tools to be prepared.”

She completed her bachelor’s degree in psychology in just three years, then took a few years off and got married. She and her husband have two children and are expecting a third this fall.

‘Just one of the success stories’

In 2010, Barreto enrolled at the San Joaquin College of Law and earned her degree in four years. She also worked in the school’s New American Legal Clinic.

Barreto acknowledges her success but points out that she’s not alone. Her former UC Merced roommates include a general surgeon, a librarian with a doctorate, and a psychologist.

Advertisement

“I feel like I was just one of the success stories,” she said. “You can find success stories everywhere.”

Today, Barreto recommends UC Merced to others — including her younger brother, Marco Torralva, who is now entering his senior year at the campus and is a member of the men’s soccer team.

“I really encouraged him,” she said. “I told him what a great experience I had.”

Go to Source

Record 4,004 firms with trainees from abroad found to have violated labor laws in 2016

A record number of employers accepting trainees from abroad under Japan’s Technical Intern Training Program violated labor laws in 2016, the labor ministry said Wednesday.

The number of factories, offices and other business bases where such law violations were found came to 4,004 across the country, the highest level since 2003, the earliest year for the existing data, the ministry said.

The number rose by 309 from the previous year, reflecting an increase in the number of trainees.

Law violations related to illegal overtime accounted for 24 percent of the total. Failures to take necessary safety measures came next with a share of 19 percent, followed by cases of unpaid extra pay with a 14 percent share.

One employer was found to have failed to pay a total of ¥24 million to 17 trainees.

A total of 23 business bases were investigated in joint probes by labor bureaus of the ministry and regional immigration bureaus of the Justice Ministry on suspicion of human rights abuses through such practices as forced labor, violence and confinement.

Go to Source

New threats present cybersecurity risks for financial services firms

A new cybersecurity alert for the investment industry highlights a couple of the latest threats circulating online, including ransomware targeting Microsoft Corp.’s products and a cheap, new password-stealing tool.

According to the latest cybersecurity brief from the Financial Services Information Sharing and Analysis Center (FS-ISAC), the recent “Petya: malware attacks, “highlight the need for good cyberhygiene practices, including upgrading operating systems and timely patch management as well as participating in information sharing.”

The report indicates that an analysis of these attacks, which occurred in late June, shows that the malware permanently encrypts data, effectively destroying it.

“Members should ensure that they are protected against older vulnerabilities in certain Microsoft software products,” it says, noting that the attackers are using tools released by a group known as the “Shadow Brokers” and that Microsoft has released patches for these vulnerabilities.

“As a result of the new release of hacking tools that target closed networks as well as Internet activity, FS-ISAC recommends members review all published information related to these threats. This will help ensure they are protected, especially from campaigns using older vulnerabilities and targeting unsupported software,” the report says.

The FS-ISAC has also released a tip sheet on ransomware that provides advice on isolating infected systems from networks, keeping operating systems and antivirus software up-to-date, testing backups in a real-world environment and reporting any ransomware to law enforcement.

The report also notes that researchers at Proofpoint have discovered a new malware tool named “Ovidiy Stealer,” which is “an effective password-stealing tool that can snatch credentials from web browsers such as Opera and Google Chrome” that is being distributed as executable email attachments.

“The attacker, who goes by the name ‘TheBottle’, also gets access to a web-based dashboard that provides updates on attack campaigns, reviews log files from infected computers and tech support from the malware’s hacker,” the report says. “Researchers state that the malware is not as advanced as others, but its low price of US$13 gives it potential to be a much more widespread threat.”

The alert says that firms should take measures to prevent this malware from invading their systems, “such as ensuring all software and hardware have the latest patches, improve password policy to include longer length passwords that contain a combination of letters, numbers and special characters; implement two-factor authentication on all user accounts and blacklist/block the ‘ovidiystealer[.]ru’ domain, which is utilized by the malware.”

The Investment Industry Association of Canada — along with the U.S. Securities Industry and Financial Markets Association and the International Council of Securities Associations — provides the alert.

Photo copyright: beebright/123RF

Go to Source

Trading ban to be lifted by Sebi if firms prove credentials

Two days after suspending trading in 331 listed shell companies, the capital markets regulator, Securities and Exchange Board of India (Sebi), ordered stock exchanges to verify their credentials and fundamentals. In a letter to the exchanges on Wednesday, the markets regulator hinted if a company’s business model appeared satisfactory, the trading ban could be revoked.

The move comes after Sebi faced widespread criticism from various quarters for classifying these entities as shell companies on Monday. The market value of at least 10 companies on the list is over Rs 200 crore each. Also 161 of these companies were active in trading, with over 2.7 million public shareholders. Sebi had directed exchanges to impose stringent trading curbs on these companies by putting them in the Stage VI of the Graded Surveillance Measure (GSM). The companies were identified by the Ministry of Corporate Affairs (MCA), with the help of the Serious Fraud Investigation Office (SFIO) and the income-tax (I-T) department.

Three of these companies — Prakash Industries, Parsvnath Developers, and J Kumar Infraprojects — also moved the Securities Appellate Tribunal (SAT) against Sebi’s order. They sought a stay on trading restrictions and claimed Sebi’s directives were “arbitrary and unreasonable”. During the hearing on Wednesday, the SAT asked the regulator to explain under which law or regulation the action had been taken. “Natural justice should have been followed before action was taken,” the SAT panel observed. 

Sebi argued it had not concluded the companies are shell firms and the action had been taken based on a MCA list.

Legal expert said Sebi should be careful while passing such orders, as it could have a wide impact. “Decisions that can have wide-ranging implications need to be carefully taken. There may be many companies on this list that are indeed shell companies, but that cannot justify mistreating even one well-functioning company,” said Somasekhar Sundaresan, an independent lawyer.

Further, the appellate asked Sebi counsel when the MCA communication was received and whether it was brought to the notice of Sebi chairman or any member. The tribunal also asked what steps Sebi took after the MCA provided it with information. Meanwhile, the Sebi counsel questioned maintainability of the appeal stating that it was an administrative order and hence, not admissible. Sebi argued it had not concluded the companies are shell firms and the action had been taken based on a MCA list.

Conflict course

Companies to SAT

  • Three companies seek stay on Sebi order
  • They claim classification as “shell company” is arbitrary

  • Under what regulation was the action taken?
  • Natural justice should have been followed

  • Verify credentials and fundamentals of these companies
  • Seek auditor certificate from companies 
  • Check elaborate business model and tax returns
SAT asked Sebi should give a hearing opportunity to all the three companies either before Thursday morning, failing which the tribunal will resume hearing in the matter.

The appellate also asked Sebi to respond on certain queries such as whether the officer who passed the impugned order had received the communication from the MCA. It has also asked the regulator to file a reply on the due diligence done of the information received from the ministry.

chart

The regulator’s surveillance department has directed stock exchanges to seek the auditor’s certificate from the companies, with a long list of disclosures. These include annual income-tax returns for three years and description of pending tax disputes, if any. Companies also need to provide status reports on compliance with the Companies Act and Sebi’s listing regulations. 

Besides, the companies will also have to give a framework of their business models — whether or not it was doing well. They would have to disclose loan defaults or if they had been declared as a non-performing asset (NPA). They would also need to furnish bank statements for the past one year, both for active or dormant accounts, as well as the annual returns of the past three years.

Bourses have been asked to verify the auditor’s certificates and the documents provided by the companies. Sebi in the letter, accessed by Business Standard, said the exchanges will have to give a hearing to the companies concerned and submit a report.

The regulator also asked exchanges to submit the status report of the brokers and their respective clients (investors). Sebi has instructed exchanges to ask brokers to check the credentials of their clients (investors). “In case the credentials of the client is not found satisfactory then their unique client code (UCC) should be temporarily disabled by the exchanges,” it said in the letter. On the other hand, the government also indicated that some of the companies might soon resume trading. “We expect about a dozen companies might be allowed to resume trading within a week,” said a finance ministry official. Action against the identified companies was taken after a spike in trade was found during demonetisation, he added. “Many have been found to be violating the income-tax rules. These companies, however, will be given a chance to prove their position,” said the official. 

Go to Source

China’s dream is Apple’s nightmare: U.S. tech firms face risks as they quietly bow to China’s censorship and technology demands

“In his 2005 book One Billion Customers, a how-to guide for navigating the China market, James McGregor offered this advice: ‘Never ‘tremble and obey’ if doing so will damage or destroy your business in China,’” Andrew Browne writes for The Wall Street Journal. “Tell that to today’s American CEOs.”

“When authorities ordered Apple Inc. to pull unauthorized apps that help internet users get around censorship controls, it agreed. Chief Executive Tim Cook defended the move by saying the company was merely following Chinese law,” Browne writes. “His compliance, though, illustrates a challenge that the Trump administration faces as it builds a case against unfair Chinese trading practices.”

“Washington has a CEO problem. U.S. corporate chiefs are focused on preserving their short-term profits in China by trying to stay on the right side of a hard-line — and increasingly antiforeign — regulatory regime,” Browne writes. “If, as expected, the White House goes after China’s rampant intellectual property abuses, the companies will be torn.”

“Just about everybody in the U.S. capital is complaining about how China forces foreign companies to give up technology in return for market access,” Browne writes. “Everybody, that is, except the immediate targets of the state-directed heist—the companies themselves.

“CEOs of U.S. high-tech companies have been notably silent. That’s the case even though their operations are highly vulnerable: China makes no secret of wanting their technology so it can replace them on its way to building itself into a manufacturing superpower. Yet, not only do they refrain from criticism, some actively cooperate,” Browne writes. “Call it the Stockholm syndrome, whereby hostages start to identify with their captors. ”

Read more in the full article here.

MacDailyNews Take: It’s quite the razor-thin tightrope that Tim Cook, Apple CEO, privacy proponent, and Robert F. Kennedy Human Rights’ Board of Directors Member, has to walk.

Again, we ask: Why does the Communist Party of China so fear free expression?

When government fears the people, there is liberty. When the people fear the government, there is tyranny. — Thomas Jefferson

Tim Cook’s comments regarding China’s latest censorship effort during Apple’s Q317 earnings conference call with analysts on Tuesday, August 1, 2017:

Turning to China, let me comment on what I assumed is at the root of your question about this VPN issue. Let me just address that head on. The central government in China back in 2015 started tightening the regulations associated with VPN apps, and we have a number of those on our store. Essentially, as a requirement for someone to operate a VPN, they have to have a license from the government there. Earlier this year, they began a renewed effort to enforce that policy, and we were required by the government to remove some of the VPN apps from the App Store that don’t meet these new regulations. We understand that those same requirements are on other app stores, and as we checked through that, that is the case.

Today there are actually still hundreds of VPN apps on the App Store, including hundreds by developers that are outside China, and so there continues to be VPN apps available. We would obviously rather not remove the apps, but like we do in other countries, we follow the law wherever we do business. And we strongly believe that participating in markets and bringing benefits to customers is in the best interest of the folks there and in other countries as well. And so we believe in engaging with governments even when we disagree.

And in this particular case, now back to commenting on this one, we’re hopeful that over time the restrictions that we’re seeing are loosened because innovation really requires freedom to collaborate and communicate, and I know that that is a major focus there. And so that’s what we’re seeing from that point of view.

Some folks have tried to link it to the U.S. situation last year, and they’re very different. In the case of the U.S., the law in the U.S. supported us, which was very clear. In the case of China, the law is also very clear there. And, like we would if the U.S. changed the law here, we’d have to abide by them in both cases; that doesn’t mean that we don’t state our point of view in the appropriate way. We always do that.

SEE ALSO:
As Apple’s services business grows in China, so does its censorship risk – August 3, 2017
Joining Apple, Amazon’s China cloud service bows to censors – August 1, 2017
There are two sides to Apple’s China story – July 31, 2017
Apple issues statement regarding removal of VPN apps from China App Store – July 31, 2017
Apple removes VPN apps from China App Store – July 29, 2017
Apple sets up China data center to meet new cybersecurity rules – July 12, 2017
Analyst: China iPhone sales are pivotal for Apple – June 26, 2017
In bid to improve censorship, China to summon Apple execs to discuss stricter App Store oversight – April 20, 2017
Will Apple CEO Tim Cook stand up to China over App Store censorship? – April 19, 2017
Beijing cyber regulators to summon Apple over live streaming apps – April 19, 2017
Apple goes on charm offensive in China with red iPhones and a visit by CEO Tim Cook – March 24, 2017
Apple CEO Tim Cook defends globalization, walks tightrope on privacy in rare public speech in China – March 18, 2017
Apple to spend $507 million to set up two more research centers, boost investment in in China – March 17, 2017
Apple removes New York Times apps from App Store in China at behest of Chinese government – January 4, 2017
China dethrones U.S. to become the largest market in the world for iOS App Store revenue – October 20, 2016
Apple to set up second R&D center in China – October 12, 2016
Apple’s first R&D Center in China will develop hardware, employ 500 – September 29, 2016
Apple CEO Cook ‘pretty confident’ of soon resuming movie and book sales in China – May 3, 2016
Apple’s biggest China problem: iPhone’s strong encryption – May 2, 2016
The New Yorker: What Apple has to fear from China – April 30, 2016
Carl Icahn out of Apple over worries about China’s ‘dictatorship’ government – April 29, 2016
China could slam door on Apple, says top global risk expert – April 25, 2016
China’s increasing censorship hits Apple, but Apple might punch back – April 22, 2016
China shutters Apple’s online book and movie services – April 22, 2016
Apple CEO Tim Cook joins Robert F. Kennedy Human Rights’ board of directors – April 6, 2016

Go to Source

Bloomberg Law Introduces E-Discovery Practice Center

ARLINGTON, Va., Aug. 9, 2017 /PRNewswire-USNewswire/ — Bloomberg Law today announced the availability of its E-Discovery Practice Center, a comprehensive solution that integrates news, primary sources including both published and unpublished state and federal court opinions, tools, sample forms, and expert guidance.  The only resource of its kind available on an integrated legal research and business intelligence platform, the E-Discovery Practice Center is available at no additional cost to all current Bloomberg Law subscribers. To learn more about Bloomberg Law’s E-Discovery Practice Center, visit http://on.bna.com/oy9A30ehrKD.

With the launch of this integrated solution, e-discovery practitioners now can quickly access a broad range of authoritative resources and practical guidance to meet the evolving, complex legal challenges associated with electronically-stored evidence. The practice center’s home page features the content that is the most valuable for practitioners, including a curated collection of fully searchable state and federal court opinions, state-specific discovery guidance and rules, and BNA’s E-Discovery Portfolio series, which together provide an entry point to other key resources. The solution provides easy access to a range of related disciplines including cross-border data transfers, government and internal investigations, and data and privacy security, enabling practitioners to be well-versed in the full range of issues they will face in any litigation.

“Bloomberg Law’s recognition of the way traditional e-discovery concepts and processes are impacting data privacy and security, business processes and preparation for government and internal investigations perfectly reflects the challenges that attorneys face in today’s data-driven legal climate,” said Robert D. Owen, Partner in Charge, New York at Eversheds Sutherland and a member of Bloomberg Law’s Litigation Innovation Board. “This new offering from Bloomberg Law is such a valuable resource because it enables multinational organizations and the law firms that advise them to stay abreast of the varying rules for data management and discovery in the countries in which they operate.”

“With the increased frequency of data breaches in the United States and across the globe — and the associated concerns with how to protect sensitive information — legal professionals will get great value from this authoritative compendium of resources,” said Scott Falk, Vice President & General Manager, Health Care & Litigation, Bloomberg Law.  “And the practice center offers the expert reporting from Digital Discovery and e-Evidence Law Report so e-discovery professionals can stay up-to-date on legal developments and trends that are emerging worldwide.”

About Bloomberg BNABloomberg BNA provides legal, tax, compliance, government affairs and government contracting professionals with critical information, practical guidance, and workflow solutions. We leverage leading technology and a global network of experts to deliver a unique combination of news and authoritative analysis, comprehensive research solutions, innovative practice tools, and proprietary business data and analytics.  Bloomberg BNA is an affiliate of Bloomberg L.P., the global business, financial information and news leader.  For more information, visit www.bna.com. 

About Bloomberg LawBloomberg Law helps legal professionals provide world-class counsel with access to actionable legal intelligence in a business context.  Bloomberg Law delivers a unique combination of practical guidance, comprehensive primary and secondary source material, trusted content from Bloomberg BNA, news, time-saving practice tools, market data and business intelligence. For more information, visit www.bna.com/bloomberglaw.

View original content:http://www.prnewswire.com/news-releases/bloomberg-law-introduces-e-discovery-practice-center-300501554.html

SOURCE Bloomberg Law

Copyright (C) 2017 PR Newswire. All rights reserved

Go to Source

Austrian firms, lawyers complain to EU about “wage dumping” law

Reuters

VIENNA, Aug 9 (Reuters) – An Austrian law to deter companies from contracting out work to lower-cost eastern European firms breaches EU regulations, an industry body has argued in a filing to the European Commission, which has supported this view in a related court case.

Austria’s Association of Metaltechnology Industries said late on Tuesday it had filed the complaint over the law against companies that use cut-price labour, saying it makes it hard for Austrian groups to work with foreign contractors.

The association listed as a recent example Austrian engineering group Andritz being fined around 22 million euros ($25.8 million) for using a Croatia-based contractor for a 7 million euro project in Austria.

Andritz has appealed against the fine.

Wages in Austria are typically higher than in its eastern neighbours, many of which are EU members. The government in Vienna is pushing for ever-tougher laws to discourage Austrian companies from hiring foreigners, a contentious goal given that within the EU the flow of services and workers should be free.

“The Association of Metaltechnology Industries has already filed a complaint in March … with the EU Commission against the aspects of the (wage and social dumping law) that are contrary to (European) Union law,” the association said.

“The Andritz case shows … that the assignment of (jobs to) external service providers is being rendered practically impossible,” it added.

Association chief Christian Knill said the way Austrian authorities interpret the law is a “permanent threat” to companies and he expected companies to exit the Austrian market gradually should such practices continue.

In a related case brought on behalf of Slovenian contractors, law firm Grilc Vouk Skof, which operates in Austria and Slovenia and also represents the Croatian firm in the Andritz case, said it had asked the Commission for an opinion on Austria’s law.

Grilc Vouk Skof sent Reuters a letter in German dated May 11 from the Commission to the European Court of Justice, where the law firm has lodged a Slovenian challenge against the Austrian law. It expects a decision later this year or in 2018.

The Commission said in the letter that the way Austria implements its law “breaches article 56 of the (treaty on the functioning of the European Union)”.

The Commission was not immediately available to comment on Wednesday on the Austrian law.

The article says “restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended”. ($1 = 0.8517 euros) (Reporting by Shadia Nasralla; Editing by Dale Hudson and David Holmes)

Sorry we are not currently accepting comments on this article.

Go to Source

Thrings’ specialist residential property expertise earns it entry into elite group of law firms

Swindon-headquartered regional law firm Thrings has joined an elite group of legal practices that have been independently recognised for the high-quality advice they offer to residential property leaseholders.

Just a handful of South West law firms are members of the influential Association of Leasehold Enfranchisement Practitioners (ALEP), the professional body set up to ensure that practitioners involved in the residential leasehold sector adhere to an agreed level of conduct and service. 

Membership acts as a badge of assurance to leaseholders and freeholders that they can be sure of a consistently high level of service, integrity and professionalism.

Thrings, which also has offices in Bristol, Bath, London and Southampton, advises on a range of matters affecting long leases of residential property including lease extensions, freehold acquisitions, rights of first refusal and right to manage claims.

The firm also provides strategic advice to developers and investors on managing enfranchisement risk and maximising their returns.

The firm underwent a rigorous assessment to secure association membership which involved providing the number of annual instructions and examples of matters its experts dealt with along with client references. 

Thrings London and Regions Enfranchisement team’s current caseload includes advising dozens of leaseholders in an exclusive block of flats close to London’s Hyde Park, who are looking to acquire the freehold.

Thrings property litigation partner Gemma Featonby, pictured, who is based in its Swindon and London offices, said: “We are proud to be one of just a few firms outside London to become a member of this prestigious association.

“Membership provides independent recognition of our expertise in this complex area of law and strengthens our position as leading enfranchisement and leasehold advisers.”

 

Go to Source

WNEU School of Law Adjusts to an Altered Landscape

Courting Change

Eric Gouvin

Eric Gouvin says law students, like the customers of any business, want return on their investment.

Enrollment was already declining at law schools nationwide when the Great Recession hit, drying up the legal job market and driving the applicant count even lower. That forced a mass contraction at institutions across the U.S., including Western New England University School of Law. But its dean says the strategies undertaken to provide more return on investment for students has brought stability, and the future looks brighter than it has in years.

Few law-school leaders are surprised that enrollment is slightly higher nationally than it was a few years ago — if only because it couldn’t get much lower.

In fact, said Eric Gouvin, dean of Western New England University (WNEU) School of Law, 100,600 individuals applied to law schools during the 2003-04 cycle. In 2014-15, the number was 55,700.

That’s a stark decline, but the numbers are starting to tick up — slowly. Still, no one expects them to soar anytime soon, meaning this has become a new normal across the country — with a few exceptions, like Harvard, which will always have its pick of top applicants.

One reason for the enrollment drop was a declining job market for lawyers, one that began before the Great Recession but accelerated quickly after the 2008 financial crisis. By 2012 or 2013, graduates were finding it very difficult to secure positions right out of school.

To be honest, we were probably making too many lawyers for too long. In the good old days, we just kept saying, ‘we’ll take you; we’ll teach you law,’ but there weren’t necessarily enough jobs for those people. Then, in the Great Recession, people were graduating into an economy that was close to failing. Not only were there no jobs, but existing jobs were being eliminated. Those new graduates were devastated.”

“To be honest, we were probably making too many lawyers for too long,” Gouvin said. “In the good old days, we just kept saying, ‘we’ll take you; we’ll teach you law,’ but there weren’t necessarily enough jobs for those people. Then, in the Great Recession, people were graduating into an economy that was close to failing. Not only were there no jobs, but existing jobs were being eliminated. Those new graduates were devastated.”

That job-market crisis has alleviated significantly, if only because fewer students are seeking a career in the legal field, and law schools — again, with a few, high-profile exceptions — have been forced to contract.

“We can engage in magical thinking, wanting to bring back the good old days, or we can be realistic,” Gouvin told BusinessWest. “The market is saying fewer people want to go to law school. If you’re not Harvard or Georgetown, you have to take that reality into account.”

Just before Gouvin became dean in 2013, the school launched a strategic plan to assess its current situation amid the national enrollment crisis, and where it needed to be given that environment. Part of WNEU’s strategy focused on giving students more return on investment, including a tuition freeze, instituted during the 2013-14 school year and extending through 2017-18.

“A lot of our competitors didn’t do that, so we have essentially cut tuition by not raising it,” he said. “We’re 15% to 20% lower than Quinnipiac, Suffolk, and New England Law, so we’re producing on that end of return on investment.”

The school has been generous with scholarships, too, he said, so its $39,400 annual tuition actually translates to an average of $21,000 per student. “That’s is a pretty darn good deal today.”

With the lowered revenues, of course, WNEU had to keep a close eye on expenses, and it was able to shrink staff through retirements, so that the school, staffed for 550 students when Gouvin arrived, is now staffed for 300 — a notable contraction, he said, but typical of what’s happening across the country.

“With some smart planning on the expense side, we figured out how to offer the same programs with fewer people,” Gouvin said. “As the student body contracted, we needed fewer teachers. One concern some alums might have had was replacing tenured faculty with adjuncts, but that’s not true; since I’ve been here, we’ve had 32 adjuncts a year, all teaching upper-level electives. The core programs are taught by full-time, tenured faculty members.”

The school has also tried hard to avoid unnecessary debt to keep overhead down, he added. “There’s a lot of competition out there to build these incredibly beautiful, palatial buildings, but I don’t have that hanging over my head. I have staff and program expenses, but I don’t have huge debt service.”

Still, keeping tuition down by reducing expenses is only one way to provide that much-discussed ROI that today’s law students crave. The other is to give them more of what they need to secure employment, and on that front, WNEU hasn’t let them down.

Case Studies

For instance, the school has added new programs, some of them to attract students who aren’t necessarily looking to pursue a career practicing law. Such initiatives include a master of laws and letters (LLM) degree in estate planning and elder law, introduced in 2004. More recently, the school added a master’s-degree track in the same discipline.

“We identified that need early on, with the population aging, and a lot of wealth still to be transferred from Baby Boomers to their kids,” Gouvin explained. “We’ve been in a good spot with the elder-law and estate-planning programs we’ve offered, and have expanded them.”

Another focus has been on what Gouvin calls student-centered professional education.

“Student-centeredness is in the water here. I think the students care about each other and have the chance to get to know their professors pretty well. They have an incredible support system, very customer-friendly, problem-solving-oriented,” he explained. “I can’t take credit for that; it was already part of the culture. It’s a real selling point for Western New England.”

But he has led efforts to “up our game” in that area, particularly through the use of clinics — in areas such as criminal defense, criminal prosecution, elder law, and immigration (the latter in cooperation with Community Legal Aid), in which students blend classroom instruction with work on real cases, under the guidance of local attorneys.

The newest clinic centers on family-law mediation. “We’re the only school in the Commonwealth working with the family courts. It’s groundbreaking, and we’re quite proud of it.”

In fact, Gouvin said, about 88% of all students get involved in clinics and externships, understanding the value of developing not only real-world legal knowledge, but the soft skills that will make them more employable.

WNEU School of Law

Eric Gouvin says WNEU School of Law has raised its game by adding new programs and clinics aimed at giving students real-world experience.

In making these community connections, Western New England benefits from its position as the only accredited law school in the Commonwealth west of Greater Boston, Gouvin noted. This uniqueness ensures a broad range of opportunities in the form of internships and clerkships.

“That’s one of our strengths; we have many quality placements with federal judges, state courts, law firms, nonprofits. It’s not like we’re competing with six other law schools to get those spots. And it’s the kind of experience employers find valuable and relevant. For a small school, we nail that.”

I’ve got a police officer, an HR person, a computer tech person, an insurance guy who does construction litigation … none of those want to be practicing lawyers, but they see they can be more effective in their roles by knowing more about the law. A lot of people out there realize law is handy, even if they don’t want to be lawyers.”

WNEU School of Law has also expanded its appeal by launching a master’s degree in law for students who have no intention of becoming lawyers, but who take classes alongside juris doctor students to develop an expertise in legal matters to bring to their chosen career, be it accounting, insurance, banking, journalism, fund-raising, or any number of other disciplines.

“I’ve got a police officer, an HR person, a computer tech person, an insurance guy who does construction litigation … none of those want to be practicing lawyers, but they see they can be more effective in their roles by knowing more about the law,” Gouvin said. “A lot of people out there realize law is handy, even if they don’t want to be lawyers.”

Meanwhile, dual-degree programs like WNEU’s JD/MBA aim for the same type of cross-disciplinary expertise. “It’s never just law; it’s always law and something,” he said. “For students to gain knowledge in their fields and marry that with a law degree, I think that can give them a boost.”

After all, he added, “it’s hard to imagine any aspect of human activity that doesn’t have a legal component to it. We’ve never made less law; we’re always making more.”

Making an Appeal

That simple truth will always provide a stream of young people interested in practicing law, even if that stream has weakened in the new millennium.

“The market four years ago was in shambles, and we’re seeing that it has come back — not to where it was prior to the Great Recession, but it’s probably more sustainable now,” Gouvin told BusinessWest. “The good news is that Western New England and just about every other law school have contracted; instead of pumping 200 graduates a year into a market that can’t absorb them, we’re now graduating 100 into a market that can absorb them.”

Academically, the school must be doing something right, he added, noting that, despite a recent preference for applicants with high GPAs over high LSAT scores, WNEU ranks fifth in the state on percent of students passing the bar, behind only Northeastern, Harvard, Boston University, and Boston College. “That’s with students whose LSATs would have predicted they’d have trouble with the bar.”

Furthermore, Gouvin expects graduates’ job prospects — and, as a result, interest in a law degree — to increase as older lawyers, whose assets were battered by the Great Recession and may have postponed retirement because of it, start seriously considering life after law.

“Many waited until housing and the stock market recovered,” he said, “but now, it may be that more folks see their way clear to retiring.”

At the same time, he was quick to add, the industry is changing, and retiring lawyers won’t be replaced by the same number of newcomers. Technology has reduced some of the workload for attorneys, while paraprofessionals are performing many of the duties lawyers handled a generation ago.

“That being said, there should be a net outflow from the profession,” he went on. “The median age of lawyers has been increasing for the past two decades.”

In other words, the future seems bright for WNEU, which started in 1919 as the Springfield branch of Northeastern, holding classes at the YMCA on Chestnut Street.

“Like I tell alums, we’ve been here 100 years, and we’ll be here another 100 years,” he said, and that’s plenty of time to cultivate new relationships between students and the legal community they one day hope to work in.

He cited a survey UCLA conducts each fall with its incoming freshmen, asking them what they want to do with their lives. Since 2000, the percentage saying they wanted to practice law has been on the decline, from 5.2% in 2000 to a recent low of 3.2%. But in the past two years, the number shot back up. It’s just another data point, Gouvin noted, to encourage those, like him, who are invested in the legal profession.

“Again,” he said, “these are hopefully signs not only that people think going to law school is a good idea, but that going to law school actually is a good idea.”

Joseph Bednar can be reached at bednar@businesswest.com

Go to Source